This paper asks whether it is reasonable for developing
countries with nascent or weak environmental laws or with strong
environmental laws but weak enforcement to establish ECTs. The
paper also considers whether there is any utility to be derived
from creating ECTs in countries where access to justice in
environmental matters is severely limited. Focusing on Nigeria,
the paper argues that adjudicating the impact of oil spills in
Nigeria requires the need for the creation of an ECT model in
Nigeria. Given that there is no 'one size fits all' for an ECT,
the ECT model that is proposed in this paper is tailored to
respond to the peculiar environmental challenges relating to
petroleum that prevail in Nigeria. Accordingly, this paper argues
the need for designated Black Bench Divisions (a form of ECT)
within the Federal High Court ("FHC") and State High Courts
("SHCs") in the oil producing states in Nigeria to address oil
pollution. It also discusses the shape and makeup of the proposed
Black Benches.

Interestingly, there is little or no research on the rationale
for creating ECTs in countries where environmental laws and
regulations are ineffective. The closest research to this is the
recent work by Preston, the Chief Judge of the Land and
Environment Court of New South Wales. In that study, the learned
Judge identifies 12 characteristics of successful ECTs. However,
the article's main focus is on the characteristics that are
required for an ECT to operate successfully, and not on whether
effective environmental laws and regulations are conditions sine
qua non for the establishment of ECTs. Consequently, this paper
aims to fill this gap.

This paper is published with the assistance of the
University of Aberdeen Centre for Energy Law. (February
2018)